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with the current surge in bk

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    with the current surge in bk

    With this economy, has it changed how bankruptcy's are handled in ANY way? I know laws haven't changed but has anyone seen things go through that maybe wouldn't have before? Are the courts overworked and not being as particular as maybe they were before.

    Someone posed to me that this was probably a good time to be going through something like this as there are so many people in the same situation, especially in MI, that it's probably easier now then say three years ago.

    Can anyone speak to this or offer an opinion.

    #2
    I work in the legal field but not in the BK arena. Courts are always burdenend and behind; 10 years ago they were way behind. The economy has resulted in many law firms that do not handle bankruptcy either merging, downsizing or closing doors, the same as for many other businesses hit by the economy. BK attorneys, however, are booming in business and hiring more staff to assist. However, scammers abound trying to scam those that are facing foreclosure or really need to file. Just cause a system is behind does not mean fraud slips through or corners cut. Trustees have a job to perform and have laws to follow and are aware of every trick in the book when it comes to trying to get away with something. Even those in BK right now or planning to file will be paying back over the years to come all the discharged debt and the fallout from the subprime mortgage situation for many years to come in higher prices, higher fees, more taxes, etc. When it comes to filing BK, one should not think of what everyone else thinks, says or does, one needs to do but what is good for themselves or their family at that particular moment in their lives, learn from the situation and go on to better their lives so they will not find themselves in the same position again.

    Just my brief opinion from going through a Chapter 13, working in the legal field and knowing the court system, at least in my state. Do what you have to do, do it honestly cause trying to slip something through can come back later and bite really hard.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #3
      oh goodness!

      Thanks for the response. Do not take the question, in any form, as a question as whether one can, "slip something by". I really was just curious as to whether the burden has become so heavy on the BK court, that it wasn't able to handle everything the same way that it did when it wasn't so burdened.

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